SHIV DATTA GARG Vs. STATE OF U P

JUDGEMENT

(1.) -By this petition the petitioner finds himself aggrieved in not being able to perform a contract for collecting passenger tax within the municipal limits of the newly created district Chhatrapati Shahujt Maharaj Nagar. The petitioner is seeking a direction by a writ of mandamus that the District Magistrate, the Additional District Magistrate and the Nagar Palika Parishad, Cnitrakut Dham. Karvi, district Chhatrapati Shahuji Maharaj Nagar, be restrained from interfering in the petitioner's realising the entry tax on the basis of an accepted auction bid, as the highest bidder. On this circumstance, there is no issue. The Court is of the opinion that such a writ ought not to be issued for no other reason than that it may not he possible for the Court to monitor the functioning of the contract, more so after the respondents have circumvented, failed and frustrated the contract of collecting tolls at the toll barriers. But this may not be misunderstood that the petitioner does not have a case.

(2.) What the petitioner is contending is that after finalising the public contract, the respondents have changed the rules of the game, and the game now cannot be played under the original terms.

(3.) The Court has heard learned counsel for the petitioner, Mr. C. B. Singh, learned counsel for the State of U. P. and the Collector. Mr. U. K. Pandey, the standing counsel, and learned counsel for the Nagar Palika Parishad. Karvi. Mr. Rakesh Pandey.